City makes its case for piece of Dominion settlement in court

Thursday

Apr 10, 2014 at 12:08 AMApr 10, 2014 at 12:12 AM

Jo C. Goode Herald News Staff Reporter @jgoodeHN

FALL RIVER — The city’s legal team is staying mum on Monday’s hearing in U.S. District Court in central Illinois on its legal bid to force Dominion Energy to submit Fall River’s energy plan to the federal Environmental Protection Agency as part of a $1.6 million consent decree.

Assistant Corporation Counselor Christy DiOrio confirmed that the city presented its case on Monday but declined to comment on the hearing.

In April 2013, the EPA announced that both Fall River and Somerset were eligible for funds from a 2010 federal court agreement after Dominion, former owner of Brayton Point Power Station, was found in violation of federal clean air standards.

The settlement stipulated the money had to be used for energy-saving and renewable energy municipal projects, for which the communities were required to submit proposals.

However, the city learned through reports from The Herald News that it would not be receiving any of the funds because it missed a Nov. 1 proposal deadline, of which the administration claims it had no knowledge.

In January, the city’s corporation counsel filed a motion to intervene in the case between the EPA and Dominion, requesting a temporary restraining order and a preliminary injunction. Dominion agreed not to take any action in awarding Somerset the money until a court ruling was made, according to court documents.

DiOrio said the judge did not rule on the matter, but said she suspected that because the award of $1.6 million is in limbo, it could come sooner rather than later.